MYFBS, MAY(R - the Digital Library of Georgia

MYFBS, MAY(R - the Digital Library of Georgia MYFBS, MAY(R - the Digital Library of Georgia

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MAYOR'S ANNUAL REPORT. 375cil assembled may see fit to pass respecting the privilegeshereby granted, or the use of any streets that maybe used by the said Vernon Shell Road Company, orthe exaction not only of a property tax, but alsospecific or business taxes for the use of the saidstreets based and graduated under the terms ot thepresent ordinances of the city of Savannah respectingthe taxation of street car companies, or such amendmentsthereof as the Mayor and Aldermen of the cityof Savannah may hereafter pass.(d) The above privileges and franchises, with allconditions attached thereto, must be accepted by theVernon Shell Road Company within sixty (60) daysfrom the passage of this ordinance, and in the eventof the acceptance it shall give a bond in the sum offive thousand ($5,000) dollars conditioned for thecompletion and operation of the said railroad throughthe streets above enumerated, and to White Blufif, inChatham county, Georgia, within twelve (12) monthsfrom the date of the said acceptance, the time barredby the sanitary regulations of the city of Savannahin constructing said work on the streets of the saidcity not to be included in said twelve months, so faras the work in the city is concerned. The said bondof five thousand ($5,000) dollars shall expressly providethat the said sum is agreed upon as liquidatedand stipulated damages, and not as a penalty, andthat the said sum will be paid to the Mayor and Aldermenof the city of Savannah as liquidated andstipulated damages should the Vernon Shell RoadCompany not comply with the terms thereof. Inaddition to this the further stipulation is expressedthat, in the event of the failure of the said railroad

378 MAYOR'S ANNUAL REPORT.company to complete and operate the said railroadwithin the time mentioned, it shall thereby forfeitthe franchises and privileges within the corporatelimits of the city of Savannah.(e) In order that the granting of the streets hereinmentioned to the Vernon Shell Road Company maynot deprive the city of Savannah of the right in thefuture to grant franchises to future applicants fornew lines, that is to say, to companies or personsnot now using the streets of the city of Savannah,the city reserves the right to grant at any time toany person or corporation not now possessing rightsand franchises as to streets, the right to the joint useof any track on the streets mentioned in this ordinance; the damages to be paid for the use of thetracks already constructed to be decided by arbitration,composed of an arbitrator to be selected by theVernon Shell Road Company, another to be selectedby the new company, and the third to be designatedby the Mayor of the city of Savannah, which saidarbitration shall fix the damages to be paid by thenew company for the use of said track, and theaward of the said arbitrators shall be final, and shallnot be subject to any appeal to the courts.(f) The conditions, stipulations, and obligationsspecified or indicated in the foregoing ordinanceshall bind not only the Vernon Shell Road Company,but its successors and assigns, and any personor corporation that may use or attempt to use thesaid privileges, or any of them, in the name of thesaid Veruon Shell Road Company.(g) In the event the city of Savannah does notown the title to any of the streets above named andI

<strong>MAY</strong>OR'S ANNUAL REPORT. 375cil assembled may see fit to pass respecting <strong>the</strong> privilegeshereby granted, or <strong>the</strong> use <strong>of</strong> any streets that maybe used by <strong>the</strong> said Vernon Shell Road Company, or<strong>the</strong> exaction not only <strong>of</strong> a property tax, but alsospecific or business taxes for <strong>the</strong> use <strong>of</strong> <strong>the</strong> saidstreets based and graduated under <strong>the</strong> terms ot <strong>the</strong>present ordinances <strong>of</strong> <strong>the</strong> city <strong>of</strong> Savannah respecting<strong>the</strong> taxation <strong>of</strong> street car companies, or such amendments<strong>the</strong>re<strong>of</strong> as <strong>the</strong> Mayor and Aldermen <strong>of</strong> <strong>the</strong> city<strong>of</strong> Savannah may hereafter pass.(d) The above privileges and franchises, with allconditions attached <strong>the</strong>reto, must be accepted by <strong>the</strong>Vernon Shell Road Company within sixty (60) daysfrom <strong>the</strong> passage <strong>of</strong> this ordinance, and in <strong>the</strong> event<strong>of</strong> <strong>the</strong> acceptance it shall give a bond in <strong>the</strong> sum <strong>of</strong>five thousand ($5,000) dollars conditioned for <strong>the</strong>completion and operation <strong>of</strong> <strong>the</strong> said railroad through<strong>the</strong> streets above enumerated, and to White Blufif, inChatham county, <strong>Georgia</strong>, within twelve (12) monthsfrom <strong>the</strong> date <strong>of</strong> <strong>the</strong> said acceptance, <strong>the</strong> time barredby <strong>the</strong> sanitary regulations <strong>of</strong> <strong>the</strong> city <strong>of</strong> Savannahin constructing said work on <strong>the</strong> streets <strong>of</strong> <strong>the</strong> saidcity not to be included in said twelve months, so faras <strong>the</strong> work in <strong>the</strong> city is concerned. The said bond<strong>of</strong> five thousand ($5,000) dollars shall expressly providethat <strong>the</strong> said sum is agreed upon as liquidatedand stipulated damages, and not as a penalty, andthat <strong>the</strong> said sum will be paid to <strong>the</strong> Mayor and Aldermen<strong>of</strong> <strong>the</strong> city <strong>of</strong> Savannah as liquidated andstipulated damages should <strong>the</strong> Vernon Shell RoadCompany not comply with <strong>the</strong> terms <strong>the</strong>re<strong>of</strong>. Inaddition to this <strong>the</strong> fur<strong>the</strong>r stipulation is expressedthat, in <strong>the</strong> event <strong>of</strong> <strong>the</strong> failure <strong>of</strong> <strong>the</strong> said railroad

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